Rutherford et al v. MuscleTech Research and Development, Inc et al

Filing 25

ORDER Regarding Response to Plaintiff's Motion for Leave to Amend Complaint. The Court hereby orders Defendants to file a response, if any, to Plaintiff's Motion for Leave to Amend on or before June 28, 2010. Thereafter, the Motion for Leave to Amend shall be deemed submitted for the Court's consideration on the papers without oral argument. Signed by Judge Barry Ted Moskowitz on 6/22/10.(vet)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On April 30, 2010, defendants Muscletech Research and Development, Inc., Iovate Health Sciences U.S.A., Inc., Iovate Health Sciences Research, Inc., Iovate Health Sciences International, Inc. Iovate HC 2005 Formulations Ltd., and Wal-Mart Stores East, L.P. ("Defendants") filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), or in the alternative Fed. R. Civ. P. 9(b). On that same date, defendant GNC Corporation filed a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). The hearing on both motions is set for July 2, 2010. vs. MUSCLETECH RESEARCH AND DEVELOPMENT, INC., et al., Defendants. IN RE HYDROXYCUT MARKETING AND SALES PRACTICES LITIGATION ________________________________ DEBORAH RUTHERFORD, et al., Plaintiffs, CASE NO. 09MD2087-BTM (AJB) NO. 10 CV673-BTM ORDER REGARDING RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 09MD2087 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On June 18, 2010 (in 10cv673) and June 21, 2010 (in 09md2087), attorneys for plaintiffs Deborah Rutherford, Dana Crawford, Michael Maggard, and Travis D. Horton ("Plaintiffs") filed a Motion for Leave to Amend Complaint. The Court hereby orders Defendants to file a response, if any, to Plaintiff's Motion for Leave to Amend on or before June 28, 2010. Thereafter, the Motion for Leave to Amend shall be deemed submitted for the Court's consideration on the papers without oral argument. IT IS SO ORDERED. DATED: June 22, 2010 Honorable Barry Ted Moskowitz United States District Judge 09MD2087

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